Contracts 101: Just say what you mean

I know what you’re thinking: contracts are boring.  

I totally agree.  However, they are a non-negotiable in your photography biz. 

In case you’re not familiar with my background, I was a lawyer for 12 years before I started my photography business. Yes, you need a contract. But you don’t need anything complicated or expensive.  

I spent wayyyy too many hours (days, months) of my life arguing over unclear contract terms.  Or trying to work out what the terms should be, if something happened that the parties didn’t anticipate when they drafted the contract.  

Ever seen this book at the airport: Eats, Shoots, and Leaves? There are multi million dollar cases won and lost on the existence (or absence) of an ‘Oxford Comma’ which can totally change the meaning of a sentence.  

And you know what? Life is too short for that.

So ditch the jargon, definitely stop using that American template you found online, and just say what you mean.

You need to understand your terms, and so does your client. Communicate those policies – not just in your contract, but also on your website, your blog, your prep guides… As long as you both know where you stand, arguments will almost always be avoided.

Clients are more likely to respect your policies, your boundaries, and your work if they can see you’re a ‘Proper Photographer’. Having a clear and professional contract gives them confidence that you’re not just someone with a camera and a hobby. And when they trust you, you’re going to do your best work.

So here are the 6 terms that every good photography contract needs…

1. Your payment terms. Fundamentally, this is a business and we would all like to be paid, right?  The easiest way to incorporate these terms (and avoid having to type them out every time) is by referring to your invoice in the contract.  Your contract should cover when payment is due, whether GST is included, and a statement that specific payments are non-refundable (e.g. the deposit).
2. Your inclusions. What your clients can expect from you and what they are paying for. Whether that’s the duration of the shoot, the format in which the images will be delivered, or the timeframe for delivery. 
3. Your exclusions.  Just as important are those things that you don’t include in your standard packages.  For example, travel fees, retouching costs, gallery reactivation, provision of a USB – anything that you want to charge extra for should be set out clearly.
4. ‘What if’ clauses.  In the event of an issue, it’s much easier to stand your ground if you can point to a clause in your contract which they’ve signed. What happens if it rains, if they need to reschedule, if the client is sick, if they need to cancel… Set a policy and make it clear, or you may find yourself losing money and time. Your contract should clearly state how much notice you require for rescheduling, any fees that may be forfeited for last-minute cancellations, and whether or not you offer refunds or session credits. Don’t forget to cover yourself for situations where it’s you that needs to reschedule – what happens if you’re sick, or your kid is stick, if a(nother) pandemic strikes, if your studio burns down… I know, I know, I’m well and truly in catastrophic lawyer mode now and it’s all a bit depressing.  But you should be able to answer these questions, and your contract should explain what happens in these circumstances.  
5. Usage clauses. Did you know that if you are taking photos in a domestic setting, copyright will automatically vest with your client – unless your legal terms say otherwise. So for family photographers, it’s incredibly important to have a solid contract that reserves your intellectual property and prohibits clients from using your images in ways that you don’t approve – for example, including by applying filters, screenshotting photos, or using them for commercial gain.  You’ll also need a privacy policy to govern how you can use their information.
6. A ‘model release’. If you are planning to share photographs from your shoots on your website, social media, or any other platform for advertising, it is crucial that you have the right permissions to do so. Importantly, this means obtaining the permission of parents or legal guardians to share photographs of their children.  An oral agreement is really not enough for such a sensitive subject. Your contract should clearly grant you permission so that you have it in writing. 

Ultimately, your contract is there to minimise the likelihood of potential legal issues and disputes.  And while formal legal action is unlikely, disgruntled clients talk – the biggest risk that they pose is to your reputation through word of mouth and bad reviews online.

Just like you pay for your insurance policy and hope you never need it, a contract is there just in case. Yes, you will still run into issues from time to time, that’s just running a business – but if you have clearly managed expectations up front you will have a sound foundation to work through issues with unhappy clients.

I always struggled to find a good, plain English contract template that didn’t cost the earth…so I created one.  In collaboration with Cherrypicka Legal Docs, Tog Hub offers a range of contract templates from only $249.  Code TOGHUB gets you $50 off too! Find them here: https://cherrypicka.com.au/affiliate-photography-toghub/#